On-Sale Bar not changed by AIA

In an unanimous decision today, the Supreme Court held in Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc. that the America Invents Act did not change the on-sale bar as it applies to confidential sales – “a commercial sale to a third party who is required to keep the invention confidential may place the invention ‘on sale’ under the AIA.” Simply put, a confidential sale more than one year before a patent application is filed can invalidate the patent.

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